may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

ARTICLE X.

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

ARTICLE XI.

The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong.

ARTICLE XII.

Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules:

1. Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.

2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor.

3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.

ARTICLE XIII.

The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the ter ritories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the ate of the exchange of the ratifications of this treaty.

ARTICLE XIV.

Spain shall have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.

ARTICLE XV.

The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.

This article may at any time be terminated on six months' notice given by either Government to the other.

ARTICLE XVI.

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon the termination of such occupancy, advise any Government established in the island to assume the same obligations.

ARTICLE XVII.

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.

PROTOCOL WITH SPAIN EXTENDING THE PERIOD DURING WHICH SPANISH SUBJECTS, NATIVES OF THE PHILIPPINE ISLANDS, MAY DECLARE THEIR INTENTION TO RETAIN THEIR SPANISH NATIONALITY.

Concluded March 29, 1900; advice and consent of the Senate April 27, 1900; proclaimed April 28, 1900. (U. S. Stats., vol. 31, p. 1881.)

ARTICLE.

Extension.

Whereas by the ninth Article of the Treaty of Peace between the United States of America and the Kingdom of Spain, signed at Paris

on December 10, 1898, it was stipulated and agreed that Spanish subjects, natives of the Peninsula, remaining in the territory over which Spain by Articles I and II of the said treaty relinquished or ceded her sovereignty could preserve their allegiance to the Crown of Spain by making before a court of record within a year from the date of the exchange of ratifications of said treaty, a declaration of their decision to preserve such allegiance;

And whereas the two High Contracting Parties are desirous of extending the time within which such declaration may be made by Spanish subjects, natives of the Peninsula, remaining in the Philippine Islands;

The undersigned Plenipotentiaries, in virtue of their full powers, have agreed upon and concluded the following article:

SOLE ARTICLE.

The period fixed in Article IX of the Treaty of Peace between the United States and Spain, signed at Paris on the tenth day of of December, 1898, during which Spanish subjects, natives of the Peninsula, may declare before a court of record their intention to retain their Spanish nationality, is extended as to the Philippine Islands for six months beginning April 11, 1900.

In witness whereof, the respective Plenipotentiaries have signed the same and have thereunto affixed their seals.

Done in duplicate at Washington the 29th day of March, in the year of Our Lord one thousand nine hundred.

JOHN HAY
ARCOS

1900.

TREATY FOR CESSION OF OUTLYING ISLANDS OF THE PHILIPPINES. Concluded November 7, 1900; ratification advised by Senate January 22, 1901; ratified by the President January 30, 1901; ratifications exchanged March 23, 1901; proclaimed March 23, 1901. (U. S. Stat., vol. 31, p. 1942.)

ARTICLE.

Relinquishment of islands to the United States.

The United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, desiring to remove any ground of misunderstanding growing out of the interpretation of Article III of the Treaty of Peace concluded between them at Paris the tenth day of December, one thousand eight hundred and ninety eight, whereby Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within certain described lines, and having resolved to conclude a Treaty to accomplish that end, have for that purpose appointed as their respective plenipotentiaries:

The President of the United States, John Hay, Secretary of State of the United States;

and Her Majesty the Queen Regent of Spain, the Duke de Arcos, Envoy Extraordinary and Minister Plenipotentiary of Spain to the United States;

who, having met in the city of Washington and having exchanged their full powers, which were found to be in due and proper form, have agreed upon the following sole article:

SOLE ARTICLE.

Spain relinquishes to the United States all title and claim of title, which she may have had at the time of the conclusion of the Treaty of Peace of Paris, to any and all islands belonging to the Philippine Archipelago, lying outside the lines described in Article III of that Treaty and particularly to the islands of Cagayan Sulú and Sibutú and their dependencies, and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been expressly included within those lines.

The United States, in consideration of this relinquishment, will pay to Spain the sum of one hundred thousand dollars ($100,000) within six months after the exchange of the ratifications of the present treaty. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain, after approval by the Cortes of the Kingdom, and the ratifications shall be exchanged at Washington as soon as possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.

Done in duplicate at the city of Washington, the 7th day of November, in the year of Our Lord one thousand nine hundred.

AGREEMENT WITH SPAIN EXEMPTING FROM AUTHENTICATION SIGNATURES ATTACHED TO LETTERS ROGATORY EXCHANGED WITH PORTO RICO, THE PHILIPPINE ISLANDS, AND SPAIN.

Concluded August 7, 1901; effective November 28, 1901.

NOTES-DECLARATION.

Duke de Arcos to Mr. Hill.

LEGACION DE ESPAÑA, Manchester, Mass., July 30, 1901.

DEAR MR. SECRETARY: With reference to my Memorandum of April 18th last, in which I suggested that the authentication of signatures affixed to letters rogatory which are transmitted through the diplomatic Channel might be dispensed with, and to the answer from the Department of State of June 5th last, which I duly referred to my Government; I have received instructions to accept the proposition of the Government of the United States as regards Puerto Rico and the Philippine Islands, since the same arrangement is not possible as regards letters exchanged between the Courts of the United States, of the States of the Union and of the organized Territories.

The Spanish Government proposes that this agreement should be made by an exchange of notes between the two Governments if satisfactory to the United States, and if so I should be very much obliged to you if you would communicate with me regarding the date upon which this arrangement can be put in force, as well as any other details which the Department of State may wish to be considered. I remain, etc.,

ARCOS.

Mr. Adee to Duke de Arcos.

AUGUST 5, 1901.

SIR: I have the honor to acknowledge the receipt of your personal note of the 30th ultimo to Dr. Hill, Assistant Secretary of State, in which you advise him that your Government is disposed to conclude by an exchange of notes the agreement (suggested in your memorandum of April 18th last and this Department's

of June 5th last) for the purpose of dispensing with the authentication of signatures affixed to letters rogatory issuing from Spanish courts to those of Porto Rico and the Philippines, and from the courts of Porto Rico and the Philippines to those of Spain, if the letters rogatory shall be transmitted through the diplomatic channel.

In reply I have the honor to quote the memoranda exchanged as follows

[Translation.]

LEGATION OF SPAIN,

April 18, 1901.

The Spanish Government does not require the signatures of United States authorities intervening in the execution of rogatory commissions, issued from Spain to be authenticated; and in reciprocity of this measure, is anxious that the United States Government should not in the future require the authentication of signatures of Spanish officials who execute American rogatory commissions in Spain.

As all these documents are transmitted from the two governments through the diplomatic channel, the Spanish Government considers that this fact should alone guarantee their authenticity.

DEPARTMENT OF STATE,
Washington, June 5, 1901.

The Department of State submitted to the Secretary of War and the Governor of Porto Rico the memorandum of the Spanish Minister, dated April 18 last. suggesting that, as letters rogatory passing between the courts of the United States and Spain were transmitted through the diplomatic channel, the authentication of the officials executing the letters might be dispensed with.

Copies of letters from the officers above mentioned are enclosed, from which it appears that in Cuba, the Philippines and Porto Rico the authentications will be dispensed with, so long as the letters pass through the diplomatic channel. The vast majority of the letters rogatory transmitted between the two governments will thus be relieved from the burden of authentication. As regards the letters, however, exchanged between the courts of the United States, of the States of the Union and of the organized Territories, it will not be possible for this Department to make any such arrangement, as the execution of the letters must take place in accordance with the provisions of the laws of the United States, of the State or Territory, respectively, and in compliance with the rules of the executing court. The Department of State would be glad to know whether the arrangement offered is satisfactory to the Spanish Government.

An acknowledgment by you of the present note, acquiescing in the arrangement proposed, so far as Porto Rico, the Philippines and Spain are concerned, will be regarded by this Government as completing the agreement.

Accept, etc.,

Mr. SECRETARY: I have the honor to acknowledge the reception of the note of your Department dated the 5th instant by which you advise me that the Government of the United States accepts the proposition of that of H. M. to the effect. that, as regards Porto Rico and the Philippines, the authentication of the signatures of the officials who intervene in the execution of letters rogatory passing between Spain and the said countries and vice versa, through the diplomatic channel, be hereafter dispensed with.

I transcribe hereinbelow the memorandum that I had the honor of sending to Your Excellency on the 18th of April last, and the reply, dated June 5, that I received from the Department.